RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 26MAR2020
| Effective | 26MAR2020 |
|---|---|
| Filed | 26MAR2020 |
| Filing Codes | IC |
a. Carrier expressly reserves the right, at its sole
discretion, for any reason whatsoever and without
notice, to transfer cargo in its possession from 1 (one)
container to another, to shift cargo from 1 (one)
underlying vessel operating common carrier to another
and/or to substitute 1 (one) mode of transportation for
another at any point in, or for any portion of, the
through transportation service provided by the Carrier.
Any such transfer, shifting or substitution shall be
deemed to be within the contract of affreightment and
shall NOT be considered a deviation therefrom.
b. Alternate or Substituted Service between Ports:
AIF LAX, Inc. d/b/a Advanced International Freight reserves the
right to transfer cargo to alternate or substitute ports of service
by trucking, rail, or any other means of transportation deemed
appropriate by the Carrier, within the range of ports named in
Rule 1.1 or 1.3. Except as otherwise provided below, such
substituted service or transfer arrangements shall NOT result
either directly or indirectly in any lessening or increasing of
the cost or expense which the Shipper would have borne had the
cargo moved from, to or through the port(s) originally intended.
c. When rates differentiated ONLY by the transportation route utilized
are named in NRAs and Rate Tariffs governed by this Tariff and
Carrier, pursuant to the provisions of paragraph a. above,
forwards cargo to destination via alternate or substituted port
service, freight charges shall be assessed based on the
transportation route selected by the Shipper or Consignee, or the
freight charges applicable via the actual route of movement, whichever
is lower.
d. Nothing in this Tariff shall be construed as requiring AIF LAX, Inc.
d/b/a Advanced International Freight to transport cargo or furnish
service for which it does not have, or cannot obtain, suitable or
sufficient transporting containers or equipment, nor to accept
cargo when underlying vessel-operating-common-carrier or inland
carrier services are NOT available. Further nothing in this
Tariff shall be construed as creating any obligation for AIF LAX,
Inc. d/b/a Advanced International Freight to institute or maintain
any service from or to any port or point where it is impractical,
unsafe or unlawful to operate transportation services or if
strikes, labor disturbances, civil commotion, military actions, or
riots are occurring at the time shipment is tendered or delivered.
e. FORCE MAJEURE CLAUSE: "Without prejudice to any rights
or privileges of the Carrier under covering Bills of
Lading, Dock Receipts, or Booking Contracts under
applicable provisions of law, in the event of war,
hostilities, warlike operations, embargoes, blockages,
port congestion, strikes or labor disturbances,
regulations of any governmental authority pertaining
thereto or any other official interferences with
commercial intercourse arising from the above conditions
and affecting the Carrier's operations, the Carrier
reserves the right to cancel any outstanding booking or
contract in conformity with Federal Maritime Regulations
and the Shipping Act of 1984.
